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1979 Supreme(SC) 44

V.R.KRISHNA IYER, R.S.PATHAK
State Of Kerala: M. Saleena – Appellant
Versus
T. P. Roshana: State Of Kerala – Respondent


Advocates:
A.S.NAMBIYAR, Abdul Khader, BABY KRISHNAN, E.M.S.ANAM, MUSTAFA K.RAUTER, N.SUDHAKARAN, P.F.SHAMSHUIDDIN, P.N.PURI, P.V.GOVINDAN NAYAR, S.K.MEHTA, V.A.SEYID MUHAMMAD, V.J.Francis

Judgment

KRISHNA IYER, J.:- The dynamics of the writ jurisdiction and the potential for affirmative court action, as part of remedial jurisprudence, constitute the key thought which animates the ultimate decision and direction we give in this couple of cases which have come up by Special leave and under Art. 32 to this Court, aware as we are of a host of like proceedings which pend in the High Court.

2. The State of Kerala is the appellant in the Civil Appeal and 1st respondent in the Writ Petition but the collective litigation springs from a tradtitinal type of action and typical kind of relief granted in exercise of its writ jurisdiction by the High Court striking down a transitory scheme of admission to the medical colleges of the State evolved by the Government but invalidated by the High Court on the ground of discrimination in the distribution of seats among the eligible students drawn from two disparate regions of the State. Of course, instant repercussion of the decision is apt. to be comfusion in the admission to the academic courses which have hardly commenced already and this desperate situation has driven the Government to this Court seeking reversal of the Judgment unde



































































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